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GUACCI v. OGDEN BROS. COLLISION, INC.

39 A.D.3d 308 (2007)

834 N.Y.S.2d 521

SUZANNE A. GUACCI, Respondent, v. OGDEN BROS. COLLISION, INC., et al., Appellants, and DANIELLE VIRGIL, Respondent, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided April 12, 2007.

Lynch's parking at an accident scene to tow a disabled vehicle was not one of the causes of the accident, but merely furnished the instrumentality by which plaintiff was injured when defendant Virgil's car hit Lynch's tow truck, causing the tow truck, in turn, to hit plaintiff (see Sheehan v City of New York, 40 N.Y.2d 496, 503 [1976]). It is also clear that defendant Virgil's negligence was the sole proximate cause of plaintiff...

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